Scott v State of New South Wales [2004] NSWSC 759

New South Wales Supreme Court

CITATION : Scott v State of New South Wales [2004] NSWSC 759 HEARING DATE(S) : 18 August 2004 JUDGMENT DATE : 24 August 2004 JURISDICTION: Common Law JUDGMENT OF : Master Malpass at 1 DECISION : 1. The application against Gosford City Council is dismissed; 2. No orders as to costs; 3. The application to join the Nominal Defendant is dismissed; 4. The plaintiff is to pay the costs of and incidental to the application; 5. I reserve the question of costs between the plaintiff and the defendant in respect of the applications; 6. The exhibits may be returned; 7. I refer any question of costs between the plaintiff and the defendant (including any question of a Bullock order) to a registrar for hearing.

CATCHWORDS : Injury caused by slipping from fire truck - ownership of vehicle - not caused by defect in vehicle - not entitled to sue Nominal Defendant. LEGISLATION CITED : Motor Accidents Act 1988 Motor Accidents Compensation Act 1999 CASES CITED : AMP General Insurance Ltd v Mayne Nickless Ltd [2000] NSWCA 213 Emad Trolley Pty Ltd v Shigar [2003] NSWCA 231 Steven Robert Scott (Plaintiff) PARTIES : State of New South Wales (Defendant) Gosford City Council (Second Defendant) Nominal Defendant (Third Defendant) FILE NUMBER(S) : SC 20910/01 Mr G Beauchamp (Plaintiff) COUNSEL : Mr P Cummings (Second Defendant) Mr H Silvester (Third Defendant) Firths (Plaintiff) SOLICITORS : Hunt & Hunt (Second Defendant) Sparke Helmore (Third Defendant)